Lawrence v. Steadman

Citations

• 49 Ill. 270

Syllabus

<p>1. Attachment—in proceedings by—against partners. In a proceeding by attachment, against H and S, the affidavit alleged two grounds for suing out the writ—1st, That H was about to depart the State, with the intent to remove his effects, to the injury of his creditors, and 2d, That H and S were about fraudulently to sell and assign their property and effects, so as to hinder and delay their creditors. The defendants filed separate pleas traversing the affidavit: Held, that, the proof having failed to sustain the cause alleged against S, a recovery could not be had against both defendants, by proving the first allegation against H.</p> <p>2. Same—only those who are brought by the affidavit within the provisions of the statute—can be proceeded against. In proceedings by attachment, the affidavit must bring those against whom the writ issues within the provisions of the act, and only those who are thus brought within its provisions can be proceeded against.</p> <p>3. Practice at law—in attachment proceedings—suit abates—where a plea in abatement is sustained. The practice in this State is, that where a plea in abatement, traversing the affidavit, is sustained on the trial, to abate the suit.</p> <p>4. And in this case, the plaintiff having wholly failed to prove any grounds for the attachment against both defendants, the plea in abatement should be sustained, and the suit abated. S, then, being out of court, no judgment could be rendered against both, without which, the property of H could not be sold under the attachment.</p>